Gerard Baden-Clay appeal: Trial defence was 'murder or nothing'

Gerard Baden-Clay's murder conviction over the death of his wife Allison should not have been downgraded to manslaughter because he did not argue the possibility of manslaughter at his trial, according to appeal documents lodged with the High Court.

Mr Baden-Clay's original murder conviction was overturned by the Court of Appeal, which replaced it with a conviction for manslaughter.

The High Court has been told the Queensland Court of Appeal erred in its decision to downgrade Gerard Baden-Clay's murder conviction. Photo: Supplied

Mr Baden-Clay was found guilty of murdering his wife Allison in July 2014.

Mrs Baden-Clay went missing on April 19, 2012, and her body was found in the mud at the foot of the Kholo Creek Bridge more than a week later.

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Mr Baden-Clay appealed his conviction last year and the Court of Appeal downgraded the conviction to manslaughter.

Prosecutors have lodged their notice of appeal in the High Court against the Court of Appeal's decision to downgrade Gerard Baden-Clay's murder conviction to manslaughter.

The appeal documents lodged in the High Court reveal the grounds on which prosecutors are appealing the decision and include Mr Baden-Clay's lies, disguising his wounds and his relationship with mistress Toni McHugh.

They argue that the Court of Appeal erred when judges found there was no evidence of relevant motive and at trial his innocence was not raised and did not form part of his case, but the jury could have found him guilty or innocent regardless.

The Crown has requested the High Court allow an appeal against the Court of Appeal's decision and overturn the court's decision to downgrade Mr Baden-Clay's conviction to manslaughter.

The summary of arguments lays out what prosecutors argue are inconsistencies in the Court of Appeal's decision and specifically points out that the decision is the latest in a line of Queensland cases inconsistent with recent decisions of the Victorian Court of Appeal.

The summary of arguments also points out that while the crown pointed to murder as the cause of Allison Baden-Clay's death and the defence offered theories of suicide, overdose, a fall, drowning and alcohol as the cause, unintended or accidental killing by Mr Baden-Clay was not offered during trial.

The court of appeal ruled that the evidence presented at trial did not show a motive to kill and found that the jury erred in its decision to convict him of murder.

The court downgraded his conviction to manslaughter despite Mr Baden-Clay's legal team mounting a "murder or nothing case" at his trial, according to the documents filed on Monday.

Mr Baden-Clay's defence team has 21 days to respond before the High Court decides whether it will hear the case.